HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: July 13, 2023
RE: City Commission Meeting — July 13, 2023 City Commission Meeting
Proposed Global Settlement — Alma Espinoza, Cynthia Del Carmen
Lopez, Lina Reyes, Salvador Perez, and Victor Mansilla vs. City of Miami,
pending in the Eleventh Judicial Circuit Court in and for Miami -Dade
County, Florida
Case Nos.: 19-14544-CA and 18-22609-CA (consolidated)
File No.: 14044
The proposed attached resolution seeks authorization for the global settlement of
the pending lawsuits of Alma Espinoza, Cynthia Del Carmen Lopez, Lina Reyes,
Salvador Perez, and Victor Mansilla against the City of Miami, in the amount of
$250,000.00, in the matters of Alma Espinoza, Cynthia Del Carmen Lopez, Lina Reyes,
Salvador Perez, and Victor Mansilla vs. City of Miami, pending in the Eleventh Judicial
Circuit Court in and for Miami -Dade County, Florida.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the above amount will be
paid from the General Liability Account No. 50001.301001.545013.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/BLF
City of Miami
Legislation
Resolution
Enactment Number: R-23-0288
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14044 Final Action Date:7/13/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY ALMA ESPINOZA, CYNTHIA DEL CARMEN LOPEZ, LINA
REYES, SALVADOR PEREZ, AND VICTOR MANSILLA, WITHOUT ADMISSION OF
LIABILITY, THE TOTAL GLOBAL SUM OF $250,000.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS
FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS
OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED ALMA ESPINOZA,
CYNTHIA DEL CARMEN LOPEZ, LINA REYES, SALVADOR PEREZ, AND VICTOR
MANSILLA VS. THE CITY OF MIAMI, PENDING IN THE ELEVENTH JUDICIAL
CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY FLORIDA, CASE NOS. 18-
22609-CA AND 19-14544-CA, UPON THE EXECUTION OF A GENERAL RELEASE
OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN
STATE COURT AND A DISMISSAL OF THE CITY, ITS OFFICERS, AGENTS, AND
EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545010.0000.00000.
WHEREAS, on April 28, 2016, Alma Espinoza ("Espinoza"), Cynthia Del Carmen Lopez
("Lopez"), Lina Reyes ("Reyes"), Salvador Perez ("Perez"), and Victor Mansilla ("Mansilla") were
involved in a motor vehicle accident involving a City of Miami ("City") Police vehicle that resulted
in alleged personal injuries to Espinoza, Lopez, Reyes, Perez, and Mansilla; and
WHEREAS, Espinoza, Lopez, Reyes, Perez, and Mansilla and the City of Miami ("City"),
are engaged in litigation in Eleventh Judicial Circuit in and for Miami -Dade County, Florida,
Case Nos.: 18-22609-CA and 19-14544-CA concerning claims of for alleged personal injuries
sustained related to a motor vehicle accident involving a City Police vehicle; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that said claims and lawsuits be settled for the total aggregate sum
of $250,000.00, including the claims for attorneys' fees;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay Espinoza, Lopez, Reyes, Perez,
and Mansilla, without admission of liability, the total sum of $250,000.00 in full and complete
settlement of any and all claims and demands, including all claims for attorneys' fees, against
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
the City and its officers, agents, and employees in the case styled Alma Espinoza, Cynthia Del
Carmen Lopez, Lina Reyes, Salvador Perez, and Victor Mansilla vs. City of Miami, pending in
the Eleventh Judicial Circuit Court in and for Miami -Dade County, Florida, Case Nos.: 19-
014544-CA and 18-22609-CA, upon the execution of a general release of all claims and
demands brought for alleged negligence and a dismissal of the City and its officers, agents, and
employees with prejudice.
Section 3. Funds to be allocated from Account No. 50001.301001.545010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, Ginty Attor ey 6/22/2023